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Smiths Creek Landfill

Aerial view of Smiths Creek Landfill
Environment, Great Lakes, and Energy

Smiths Creek Landfill

Contact

Health-Based Questions

Michigan Dept. of Health and Human Services (MDHHS)
800-MI-TOXIC (or 800-648-6942)

Environmental Concerns

Submit an Air Quality Complaint

Clean Air Assistance Program
EGLE-Assist@Michigan.gov
800-662-9278

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Smiths Creek Landfill (landfill) is located in Kimball Township, St. Clair County. The landfill is currently owned and operated by St. Clair County. Blue Water Renewables owns an electric generating facility located at the landfill that utilizes landfill gas as fuel. Although municipal solid waste landfills like this one provide a necessary service in Michigan, facilities must operate safely, in accordance with regulations, and as a good neighbor to our citizens.

EGLE has conducted several investigations of the landfill. Several violations have been issued to the landfill due to non-compliance with environmental rules and regulations. EGLE staff continues to respond to complaints and concerns filed by residents near the landfill and conduct on-site investigations as well as regular inspections and compliance activities.

Learn more about landfills

Smiths Creek Permits and Licenses

Public documents related to Smiths Creek Landfill, including inspections, violation notices, permits, and other compliance information, are now available online.

Find information at MiEnviro - Smiths Creek Landfill

 

Air Sampling

  • Phase 1

    November 30, 2023, to February 23, 2024

    Preliminary sampling information – NOTE: This work is still in progress and any conclusions are preliminary as the data collected to date is limited.

    • EGLE has received numerous odor complaints from citizens near the Smiths Creek Landfill. Odor complaints point to odors typical of a landfill, including those related to landfill gas. Landfill gas typically contains hydrogen sulfide. Hydrogen sulfide, created as waste breaks down, can cause odors even at very low levels. Odors may cause health effects and impact a person's quality of life. Persistent odors may contribute to stress, which can cause additional health effects, even when measured levels of H2S in the air are not expected to.
    • In addition to issuing violation notices, we are being responsive to community concerns by conducting a 60-day air sampling campaign to measure for reduced sulfur compounds, including hydrogen sulfide. This sampling aims to provide information that will help determine if air pollutants are at levels of health concern in the community.
    Smiths Creek Landfill Cairpol Location Map (Phase 1)
    • Air samples are taken using two Cairpol Cairsens air sensors to measure hydrogen sulfide. These sensors read hydrogen sulfide concentrations in the air once per minute. One sampler began on November 30, 2023 (Location 2). The other sensor underwent repairs before it was added on December 20th (Location 1). These were placed in areas off-site near the landfill expected to be the most impacted by the source of the problem. All data is shared with the Michigan Department of Health and Human Services (MDHHS) for their evaluation.
    • The one-minute readings from the sensors were used to calculate 1-hour and 24-hour average concentrations. These time frames are used so we can evaluate the readings against weather data, like wind speed and direction, and health-related levels called minimal risk levels or MRLs.  Weather data is one tool to identify emission sources. Health-related levels are one tool to ensure public health and the environment are protected. Longer timeframes allow us to look at additional health levels.
    Smiths Creek Landfill Cairpol Hydrogen Sulfide (H2S) 24-Hour Concentrations (February 1, 2024)
    • Based on the air sampling conducted to date, the hydrogen sulfide results do not generally raise concerns of increased risk of negative health effects from short-term exposures. However, on January 24th, weather events including heavy air and snowpack are likely to have created conditions leading to the spike in concentrations at Location 1. Persons in the area may have had experienced short-term impacts.
    Smiths Creek Landfill Cairpol Hydrogen Sulfide (H2S) Two-Week Concentrations (February 22, 2024)
    • Based on the air sampling conducted to date, the hydrogen sulfide results do not raise concerns of increased risk of negative health effects from intermediate exposures.
    • We will continue to evaluate the data as it is collected and share information with the county and state health departments.
    • Readings on some days showed concentrations where odors were likely to be present.  People have differing sensitivity to odors, so some residents may have been impacted by odors related to hydrogen sulfide.

  • Phase 2

    Updated April 2024

    • Preliminary sampling information – NOTE: This work is still in progress and any conclusions are preliminary as the data collected to date is limited.
    • On February 23, 2024, the Phase 2 sampling began. This involved replacing the Cairpol sensor at Location 1 with a new sensor, removing the sensor from Location 2, and placing a new sensor at Location 3. These were placed in areas off-site near the landfill expected to be the most impacted by the source of the problem. All data is shared with the Michigan Department of Health and Human Services (MDHHS) for their evaluation.
    Smiths Creek Landfill Cairpol Location Map (Phase 2)
    • Phase 2 Sampling Location Map
    Smiths Creek Landfill Cairpol Hydrogen Sulfide (H2S) 24-Hour Concentrations (April 29, 2024)
    • Based on the air sampling conducted to date, the hydrogen sulfide results do not generally raise concerns of increased risk of negative health effects from short-term exposures.
    Smiths Creek Landfill Cairpol Hydrogen Sulfide (H2S) Two-Week Concentrations (April 29, 2024)
    • Based on the air sampling conducted to date, the hydrogen sulfide results do not raise concerns of increased risk of negative health effects from intermediate exposures.
    • We will continue to evaluate the data as it is collected and share information with the county and state health departments.

Updates

  • 2025

    • July 2025:  EGLE has entered into an Administrative Consent Order (ACO) with Smiths Creek Landfill (Smiths Creek) to resolve violations at the landfill. As part of the agreement, Smiths Creek will pay a civil penalty of $145,000 with $37,000 to be paid to the State of Michigan for violating state and federal rules and regulations and $108,000 shall be held in abeyance, pending the development of the SEP.  Additionally, Smiths Creek will be required to follow a robust compliance plan.  The Response to Comments document as well as Information about past air quality inspections and violations can be found in MiEnviro Portal. The ACO has been finalized with the following changes:
      • The parties agreed to add language under Section VIII of the ACO that allows Smiths Creek to consider a Supplemental Environmental Project (SEP) as part of this enforcement action.  Under the ACO, Smiths Creek will be required to pay a smaller penalty up front and hold the rest of the funds to be used to pay for the SEP or, if a SEP can’t be agreed upon within one year of the effective date, Smiths Creek will pay the remaining portion of the penalty using the funds held to be used for the SEP.
    • June 2025: The comment period closed on June 6. EGLE staff are reviewing comments to determine if any changes should be made to the draft Consent Order. 
    • May 2025: On May 22nd, an in-person informational session and question and answer was held at the Kimball Township Hall, 2160 Wadhams Rd, Smiths Creek, Michigan. On May 29th, an online informational session and public hearing were held.  The meeting was recorded and is available to view. The comment period for the draft Consent Order closes on June 6, 2025.
    • April 2025: (UPDATED) EGLE is seeking public input on a proposed consent order. The proposed consent order contains a compliance plan, a monetary fine, and fines for future violations. Comments may be submitted at any time during the comment period ending on June 6, 2025.

  • 2024

    • December 2024: EGLE approved the air permit No.  139-24 for Smiths Creek Landfill with changes in response to public comments, on December 12, 2024. The landfill submitted an air permit application for an existing open flare with a proposed vacuum adsorption vessel to control odors.  The permit changes include the following requirements:
      • Correction of typographical errors.
      • Added language allowing Smiths Creek Landfill to measure and record the methane content of the landfill gas using EPA Method 3C.
      • Correction of the measurement units for some equipment and emission factors.
    • October 2024: A public comment period was held for an air permit requested by Smiths Creek Landfill (Smiths Creek). The comment period will remained open until November 26, 2024. Smiths Creek was requesting to operate an open flare to burn landfill gas. The purpose of the flare is to provide additional gas and odor control to the south side of the landfill, which has recently experienced increased odor concerns. Comments may be given at any time before the end of the comment period on November 26th.  View the recording of the November 19, 2024 informational session and public hearing.
    • March 2024
      • EGLE's Air Quality and Materials Management Division have escalated enforcement against the landfill. Escalated enforcement can take time. More information will be shared as it becomes available.
      • A violation notice was issued for odors on March 20, 2024. Note: A response was received on April 10, 2024.
    • February 2024: The landfill has submitted an air permit application for a new, small, skid-mounted flare rented by the site. Flares are used to burn off gases created as waste breaks down in the landfill. This flare is intended to provide temporary odor control for gas generated on the south side (Cell 8) of the site. Although the flare was initially believed to qualify for an exemption from needing an air permit, inlet sulfur concentrations measured for Cell 8 are higher than the site's average. Therefore, a PTI is being requested as a precaution. The application was received on 12/15/2023.
    • January 2024: Responses to the December 19, 2023, violation notice were received from Blue Water Renewables and the Smiths Creek Landfill on January 8 and January 9, 2024, respectively.

  • 2023

    • December 2023: On December 19. 2023, an additional violation notice was issued to the landfill for not properly maintaining, operating the gas collection system and for operating the flare without a permit. The violation notice also states that responses to previous violation notice were inadequate. A response with a plan to return to compliance is due January 9, 2024.
    • November 2023
      • On November 7, 2023, a violation notice was issued for not properly operating and maintaining the gas collection system. A response with a plan to return to compliance is due November 28, 2023. Note: Response received November 29, 2023.
      • On November 14, 2023, a violation notice was issued to the landfill for odors and not properly maintaining and operating the gas collection system. A response with a plan to return to compliance is due November 30, 2023. The company has asked for an extension to provide a response. The company must respond by December 7, 2023. Note: Response received December 7, 2023.
    • September 2023
      • EGLE receives an increased number of citizen complaints concerning landfill operations.
      • Staff from the EGLE's Air Quality and Materials Management Division respond.
      • Complaint investigations are conducted in response.